1. 1. Is independently capable of:

   1. a. Preventing, destroying, repelling, or mitigating insects, fungi, rodents, weeds, nematodes, or other pests;
   2. b. Altering through physiological action the behavior of ornamental or crop plants or their produce;
   3. c. Causing leaves or foliage to drop from a plant; or
   4. d. Artificially accelerating the drying of plant tissue.
2. 2. Is present in the product in an amount sufficient to be effective; and

3. 3. Is not antagonistic to the activity of the principal active ingredients. The commissioner may require an ingredient to be designated as an active ingredient if, in his opinion, it sufficiently increases the effectiveness of the pesticide to warrant such action.

   "Commissioner" means the Commissioner of the Department of Agriculture and Consumer Services.

   "Custom mixture" means a pesticide containing product that has been blended or mixed to a customer's specifications, usually a pesticide-fertilizer, pesticide-pesticide, pesticide-animal feed, or pesticide-animal remedy mixture, when:

4. 1. The blend is prepared to the order of the customer and is not held in inventory by the blender;
5. 2. The blend is to be used on the customer's property, including leased or rented property;
6. 3. The pesticides used in the blend bear end-use labeling directions that do not prohibit use of the product in such a blend;
7. 4. The blend is prepared from registered pesticides; and

8. 5. The blend is delivered to the end-user along with a copy of the end-use labeling of each pesticide used in the blend and a statement specifying the composition of the mixture.

   "Department" means the Department of Agriculture and Consumer Services.

   "Distributor" means a person or business, also referred to as a supplemental distributor or sub-registrant, that contracts with a basic federal registrant to produce a product that will be distributed and sold with labels bearing the distributor's own name and address instead of the name and address of the basic federal registrant.

   "EPA" means the U.S. Environmental Protection Agency or any program thereof.

   "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136 et seq.).

   "Law" means Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia, known as the Virginia Pesticide Control Act.

   "Minimum risk pesticide" means pesticides that are described in 40 CFR 152.25(f), which addresses the exemptions for pesticides of a character not requiring FIFRA regulation, revised as of July 1, 2015. Minimum risk pesticides are exempted from federal registration requirements under 7 USC § 136 w(b).

   "Producer" means a person who manufactures, prepares, compounds, propagates, or processes any pesticide, device, or active ingredient used in producing a pesticide. The dilution by an individual of formulated pesticides for his own use in accordance with the directions on registered labels shall not alone result in the department considering the individual a producer for the purposes of this chapter.

   "Rodent" means any animal of the order Rodentia including, but not limited to, rats, mice, rabbits, gophers, prairie dogs, and squirrels.

   "Temporary storage" means the storage of a pesticide in a container other than the original container in which it was purchased.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Active ingredient" means an ingredient that:

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-20-10, derived from VR115-04-03 § 1, eff. May 28, 1986; amended, Virginia Register Volume 7, Issue 5, eff. January 2, 1991; Volume 7, Issue 24, eff. September 25, 1991; Volume 25, Issue 12, eff. March 18, 2009; renumbered as 2VAC5-670-10, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.